EFFECTIVE July 30, 2015
- Accessing the Website and Account Security
The Website is directed at adults. We do not knowingly solicit data from, or market to, children under age 13. If you are under 18 and want to order from our Website, please ask your parent or guardian to do this for you.
We reserve the right to withdraw or amend this Website, and any products or services we provide on or through the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Website, or the entire Website, to customers, contributors and other registered users.
- Online Purchases and Other Transactions
Visitors may purchase Boomboxes through the Website. In order to place an order for a Boombox, you will have to provide certain information about both you (including your name, contact information and credit card information) and the individual for whom you are purchasing the Boombox (the “Recipient”) (including his or her name and the occasion being celebrated (e.g., birthday)).
Once you have placed an order, we will send you an email with instructions directing you to create an account on the Website (your “Account”). Once you have logged into your Account and created a password, you will be able access a customized page on the Website from which you can continue to build your Boombox (your “Account Page”). The Account Page will be your virtual control center. From the Account Page you will be able to submit content to your Boombox, invite friends, family members and other individuals to submit content for inclusion in the Boombox, track the progress of such contributions and edit any submitted contributions.
You must treat your Account password as confidential, and you must not disclose it to any person. You are entirely responsible for all activities that occur under your Account and you agree to immediately notify Boombox of any unauthorized use of the Account or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or any other personal information that may be accessible through the Website.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available. Boombox reserves the right, with or without prior notice, to: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the use of any coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any order(s); and (iv) refuse to provide any user with any product or service.
All prices listed on the Website are in US Dollars. We will charge customers sales tax as required by applicable law. Payments for products ordered through the Website must be made in full at the time of placing an order. By placing an order through the Website, you agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges.
We strive to maintain accurate pricing, however due to unforeseen circumstances, pricing errors may occur. By submitting an order through the Website, you are agreeing to pay the price relevant to the item being ordered as stated on the “Review Your Order” page. Please review your order carefully before you submit it and if you have any pricing questions, please contact us immediately.
When you order a Boombox through the website, the Boombox will be customized with content provided by you and the other contributors to include messages, pictures and other content (collectively, “Content”).
You can invite friends, family members and other individuals (collectively, “Contributors”) to add Content to your Boombox through the Account Page by providing us with their names, email addresses and relationship to the Recipient (e.g., spouse, friend, colleague). When you invite a Contributor to contribute to a Boombox, an email will be sent to the email address you provide for such person notifying the Contributor that he or she has been invited to contribute to the Boombox. Before you invite someone to contribute to a Boombox through the Website, you should contact that person and confirm that he or she would like to participate in the Boombox and that he or she authorizes the sending of the invitation email.
Contributors can contribute to a Boombox by following the link contained in the invitation email. Contributors are also able to invite additional Contributors to the Boombox. The purchaser of a Boombox (the “Purchaser”) can view a list of Contributors and track the status of their contributions through the Account Page. The Purchaser can send reminder emails to Contributors through the Website, reminding them to submit their contributions. This feature may not be used to harass or to cause the sending of any unwanted emails to any person.
The Purchaser can view content submitted by a Contributor. We provide the Purchaser with that ability so he or she can ensure that the final Boombox that is delivered to the Recipient is free of mistakes and unwanted contributions. Our team will communicate with the purchaser if we feel that content or language in a Contributor’s message conflicts with the spirit and intent of the Boombox experience. The Purchaser assumes complete responsibility for all contributions.
By submitting a contribution to a Boombox, each Contributor is agreeing to provide us with access to all Content included in such contribution and the ability to edit and/or delete such Content.
All orders placed on the Website are final. Once submitted, an order cannot be cancelled and products ordered from the Website cannot be returned.
When you place an order, you will be able to select a guaranteed delivery date. In order for us to deliver the Boombox by the guaranteed delivery date, all contributions must be submitted by the contribution deadline that we provide to you. If, despite all contributions being submitted on time, we fail to deliver the Boombox by the guaranteed delivery date, we will issue a full refund of the purchase price for the Boombox. We will not be responsible for any delays caused by the failure of the Purchaser and Contributors to submit all content in a timely manner or for the failure of any third-party carrier to make timely delivery. We use reputable third-party carriers (e.g., The United States Postal Service, Federal Express, United Parcel Service) to deliver your order and are not liable for delivery problems caused by these providers. We make no guarantee about time in transit of any shipping method. In the event an order is not received by the guaranteed delivery date or arrives damaged, you should contact us using the Contact Us link below.. Please include your order number in any email that you send to us so that we can quickly track your order and respond to your inquiry.
We will complete your order in accordance with industry-wide trade standards for color and according to the parameters defined in your order and as outlined on the Website. You are advised to confirm your orders by reviewing all order details prior to submitting your order.
We strive to display as accurately as possible the colors of the products shown on the Website; however, we cannot and do not guarantee that your monitor’s display of any color will be accurate.
We will endeavor to reproduce color from uploaded Content as closely as possible, but cannot exactly match color and density. Because of inherent limitations with the printing process, the accuracy of color reproduction is not guaranteed. By placing an order with us you agree to this limitation. We will try our best to match each color, but we accept no responsibility for color variations between submitted files and the final printed products. We will not issue any refunds on account of color variations that have occurred during the printing process. We are not responsible for exactly matching color or ink density to approved screen proofs or physical proofs. Physical proofs and screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density.
If products that you order from the Website contain any defects at the time of delivery to you or the Recipient, you may return such products for a refund by contacting Boombox using the Contact Us link below within 30 days of the delivery date of such products. Please include your order number in the email. Upon receipt of an email from you reporting defective merchandise within 30 days of the delivery date, we will respond to you and provide you with a Return Merchandise Authorization Number (RMA) and with instructions for how you can return the defective merchandise to us.
You are responsible for shipping any defective merchandise to us and you agree to bear shipping and handling charges and all risk of loss for the return product during shipment. You agree to use only reputable carriers capable of providing proof of delivery for the shipment. We will only accept returns that indicate the RMA number, and which otherwise comply with these instructions and with any other instructions that we may provide to you by email or otherwise. If, after we receive and inspect your returned merchandise, we determine that the merchandise is defective, we will issue a full refund to you.
Please note that we will not issue any refund if you fail to notify us of the defect within 30 days of the delivery date in accordance with the instructions contained herein and with any other instructions we provide to you in connection with your order or if you fail to return the defective merchandise to us in accordance with the instructions we provide to you.
Your sole remedy for receipt of defective merchandise is a refund of the purchase price. We will issue such refund as soon as reasonably practicable. We will not accept any requests to modify the replacement merchandise from the specifications of your original order. We will not replace merchandise as a result of any customer initiated errors such as, but not limited to, incorrect art, low resolution photography, or Content errors, so be sure to check your order and all contributions carefully. Postage is never refundable. In no case will Boombox be liable to you or any other party for loss of business or profits; incidental or consequential damages; or costs in excess of billing for specific merchandise ordered, whether as a result of errors, mistakes or failure by Boombox to perform services, to provide ordered products, or otherwise. See Section 12 below for additional limitations on Boombox’s liability in connection with the Website and products ordered through the Website.
We reserve the right, in our sole discretion, to refuse to accept any order or to terminate any order prior to completion at any time and for any reason. You agree that we shall have no liability of any kind to you or to any third party arising from such refusal or termination other than to refund any money paid by you for such terminated order.
You shall be solely responsible for all Content that you submit to the Website for inclusion on a Boombox.
Contributions and other any other Content posted to the Website will be considered non-confidential and non-proprietary.
In using the Website, you represent, warrant and covenant not to, whether intentionally or unintentionally, upload, post, transmit, distribute, store, create or otherwise publish through the Website, or use the Website to create products incorporating, any of the following content (collectively “Prohibited Content”): (1) any Content (regardless of whether such Content actually violates applicable statutes or other laws) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially or ethnically offensive, pornographic, fraudulent, or that you believe the Recipient would find to be otherwise objectionable; (2) any Content to which you do not have the requisite rights or that may infringe any patent, trademark, trade secret, copyright or other intellectual property, proprietary or contract right of any third party; (3) any Content that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity; (4) any Content that is intended to be used in connection with any solicitation, advertisement, junk mail, “spam” or other promotional material; or (5) any Content that contains software viruses or any other computer code, files, or programs designed to interrupt, limit the functionality of, or otherwise adversely affect the Website or any computer software or hardware or any telecommunications equipment.
If we notice any Content that appears to have been made in error (for example, containing a spelling mistake), we may correct the error (in the case of an obvious error) or contact you to confirm that you accurately submitted your desired Content. We do this as a courtesy and do not, and cannot, check all contributions for spelling, grammar or other errors. Please check all contributions before submitting them as they will generally be printed exactly as they appear during the final approval step on the Website. It is your sole responsibility to ensure that all materials submitted for printing are formatted correctly and contain proper spelling and grammar. We will not replace any defects caused by improper spelling, grammar or other mistake made by you in submitting an order.
We do not claim any ownership rights in the Content that you upload, post, or transmit to the Website. You represent, warrant and covenant that you own or otherwise have all necessary rights with respect to the Content you upload, post, or transmit via the Website, and that the Content submitted by you does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party. By submitting Content to Boombox, you grant us a perpetual, universal, royalty-free, non-exclusive license to use, copy, distribute, modify, adapt, transmit and publish the Content in connection with our operation of the Website and the production of any products that you order through the Website.
Please note that although you retain any rights that you may have to the Content that you upload to the Website, in no event will you obtain any rights to our copyrights, trademarks, trade dress, designs, content or other intellectual property. Further, you may not duplicate, or retain a third party to duplicate, any of our designs or make any products that are identical to products that you obtain from us or which we otherwise make available.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate Boombox or a Boombox employee, another user, or person or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Boombox or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
- Intellectual Property Rights
Boombox’s name and logo and all related names, logos, product and service names, designs and slogans are trademarks of Boombox or its affiliates or licensors. You must not use such marks without the prior written permission of Boombox. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
The entire contents of the Website (including all information, software, text, displays, images, video and audio) and the design, selection and arrangement thereof, are owned by Boombox or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other intellectual property or proprietary rights.
You are permitted to use the Website for legitimate purposes related to your role as a current or prospective customer or contributor of Boombox. You must not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any of the material on the Website without the prior written consent of Boombox, except to: (i) store copies of such materials temporarily in RAM; (ii) store files that are automatically cached by your Web browser for display enhancement purposes; or (iii) print a reasonable number of pages of the Website for a permitted use.
You must not: (i) modify the paper or digital copies of any materials from this site; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (iii) delete or alter any copyright, trademark and other proprietary notices appearing on such materials.
You must not reproduce, sell or exploit for any commercial purposes any part of the Website, access to the Website or use of the Website or any services or materials available through the Website without obtaining a license to do so from Boombox or its applicable licensor. If you wish to make any use of material on the Website other than that set out above, email us using the Contact Us link below.
- Reliance on Information Posted
The information presented on or through the Website (whether pertaining to our products and services, the products and services of our business partners and affiliates or information about you, including, without limitation, historical information regarding orders and invoices) is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
We may update the Website from time to time, but its content is not necessarily complete or up-to-date. We may change the Website at any time with or without notice. We may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
- Linking to the Website; Reviews
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
If we have provided you with (or agreed to provide you with) any free or discounted products or services or any other item of value, you must disclose that such item was provided to you in any reviews, articles, blog posts or other content that you write, publish or otherwise produce that is related to Boombox or its products or services.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This may include links from advertisers, including banner advertisements. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Only persons located in the United States may purchase products and services through the Website. We do not currently ship products outside of the United States. If you wish to place an order for products to be shipped outside of the United States, please contact us using the Contact Us link below.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OR ACCESS TO THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF AND ACCESS TO THE WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED EXCEPT AS EXPLICITLY STATED HEREIN. NEITHER BOOMBOX NOR ANY PERSON ASSOCIATED WITH BOOMBOX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER BOOMBOX NOR ANYONE ASSOCIATED WITH BOOMBOX REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
EXCEPT FOR THOSE WARRANTIES EXPLICITLY CONTAINED HEREIN, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, ITS CONTENT AND ALL PRODUCTS ORDERED FROM THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL BOOMBOX, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR MANAGERS HAVE ANY LIABILITY UNDER OR RELATING TO YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE FOR LOSS OF PROFITS, REVENUE, OR LOSS OR INACCURACY OF DATA, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCURRED OR SUFFERED BY CUSTOMER OR ANY THIRD PARTY, EVEN IF BOOMBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE.
IN NO EVENT SHALL BOOMBOX’S AGGREGATE LIABILITY UNDER OR RELATING, DIRECTLY OR INDIRECTLY, TO YOUR USE OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE EXCEED THE REVENUE THAT BOOMBOX HAS RECEIVED FROM YOU DURING THE PRIOR TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BOOMBOX’S TOTAL LIABILITY WITH RESPECT TO ANY PARTICULAR ORDER MADE THROUGH THE WEBSITE, SHALL BE LIMITED TO THE PURCHASE PRICE PAID FOR SUCH ORDER.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Governing Law and Jurisdiction
- Your Comments and Concerns
This website is operated by Boombox Gifts LLC.
All feedback, comments, requests for technical support and other communications relating to the Website should be emailed using the Contact Us link below.
Thank you for visiting the Website.
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